Immigrant Groups Take Legal Action Against Trump’s Birthright Citizenship Order

News Americas, New York, NY, January 21, 2025: A coalition of expectant mothers and immigrant advocacy organizations has filed a lawsuit challenging the Trump administration’s controversial executive order that strips birthright U.S. citizenship from children of immigrant parents. The lawsuit, filed at midnight on Jan. 20, 2025 in federal court, argues that the order is unconstitutional and threatens to harm millions of families across the nation.

The executive order, issued shortly after Donald Trump’s inauguration, denies citizenship to children born on U.S. soil to undocumented parents, a move legal experts say directly contradicts the Fourteenth Amendment of the U.S. Constitution. The amendment’s Citizenship Clause explicitly states, “all persons born or naturalized in the United States… are citizens of the United States.“

President Donald Trump signs executive orders in the Oval Office of the White House on January 20, 2025 in Washington, DC. Trump takes office for his second term as the 47th president of the United States. (Photo by Anna Moneymaker/Getty Images)

Legal and Community Response

The lawsuit, spearheaded by Lawyers for Civil Rights, represents expectant mothers affected by the order along with two Massachusetts-based immigrant advocacy groups, La Colaborativa and the Brazilian Worker Center. Both organizations report being inundated with inquiries from concerned community members fearing for their children’s futures.

“This Executive Order is a brutal and unconstitutional attempt to redefine what it means to be an American,” said Iván Espinoza-Madrigal, Executive Director for Lawyers for Civil Rights. “The Constitution is clear: birthplace, not parentage, determines citizenship in this country. This lawsuit is about ensuring that the fundamental rights guaranteed by our Constitution are upheld.”

Legal experts argue that more than a century of Supreme Court precedent affirms that the President does not have the power to alter birthright citizenship, and they expect the courts to overturn the order.

The Consequences of the Executive Order

Advocates warn that the policy would have devastating consequences for affected families, depriving U.S.-born children of vital legal protections and benefits such as passports and Social Security numbers.

“This is a blatant attack on immigrant families who are the backbone of our communities and economy,” said Gladys Vega, Executive Director of La Colaborativa. “Our members came to this country searching for a better life. Denying their children citizenship undermines the ideals of fairness and opportunity that define America.”

The lawsuit argues that the order would effectively create a two-tiered system in which some children born in the U.S. would have fewer rights and protections based solely on their parents’ immigration status.

Lenita Reason, Executive Director of the Brazilian Worker Center, echoed these concerns, stating, “This policy doesn’t just harm individuals – it tears at the fabric of our communities.”

Roman Palomares, LULAC National President and Chairman of the Board noted at “while we support sound immigration policies, we must uphold the United States Constitution.”

“Any attempt to undermine the constitutionally protected birthright of those born in this country is an affront to both our laws and human decency,” he said. “We welcome the opportunity to collaborate with this administration to address genuine challenges and implement solutions to enhance our nation’s safety, security, and prosperity.”

Juan Proaño, LULAC CEO added that “with this executive order, the President of the United States is once again attempting to violate the civil rights of American citizens and their immigrant family members.”

“This effort to demonize Brown and Black immigrants targets all immigrants in this country, regardless of their background. If not stopped, it will undermine the very essence of what it means to be an American and will tear families apart,” Proaño added.

Seeking Judicial Relief

The plaintiffs are seeking an immediate injunction to halt the order’s implementation, citing the significant harm and widespread panic it has caused in immigrant communities.

“Judicial relief is essential,” said Mirian Albert, Senior Attorney for Lawyers for Civil Rights. “Otherwise, this Executive Order will cause significant harm to our immigrant families. Our communities are vulnerable, and now they are panicking. The court has the power to hit pause and restore a sense of order and justice.”

Immigrant advocates remain steadfast in their opposition to the order and are mobilizing efforts to ensure families are informed of their rights. The American Civil Liberties Union (ACLU) and other organizations are ramping up legal assistance and outreach efforts to support those affected.

As legal battles unfold, immigrant communities across the country are bracing for the potential fallout, with advocacy groups vowing to fight for the protection of birthright citizenship and the fundamental rights of all children born in the U.S.

Understanding Birthright Citizenship in the U.S.

Birthright citizenship, often referenced by Donald Trump and his allies, is based on the legal principle of jus soli, meaning “right of the soil” in Latin. Simply put, it grants U.S. citizenship to nearly anyone born on U.S. soil, regardless of their parents’ immigration status.

Legal Foundation of Birthright Citizenship

The concept of jus soli originates from English common law, which granted citizenship to individuals born in England. However, in the U.S., birthright citizenship is rooted in the 14th Amendment to the Constitution, ratified in 1868 to correct the 1857 Supreme Court ruling that denied citizenship to Black descendants of enslaved people. The 14th Amendment states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

This provision, known as the Citizenship Clause, remains the foundation of birthright citizenship today.

Court Rulings on Birthright Citizenship

The U.S. Supreme Court reaffirmed birthright citizenship in the landmark 1898 case United States v. Wong Kim Ark, ruling that a man born in the U.S. to Chinese immigrant parents was a U.S. citizen, despite his parents’ inability to naturalize.

Exceptions to Birthright Citizenship

While most individuals born in the U.S. automatically receive citizenship, there are rare exceptions. These include:

Children of foreign diplomats.

Individuals born in American Samoa, a U.S. territory, who are not granted automatic citizenship without congressional action.

Before 1924, Native Americans were also excluded until the passage of the Indian Citizenship Act.

Does Birthright Citizenship Exist in Other Countries?

Despite Trump’s claims that the U.S. is the only country with birthright citizenship, several countries, particularly in the Western Hemisphere— such as Canada and Mexico —also grant citizenship based on birthplace. However, the practice is less common in other parts of the world.